Arroyo Grande, CA asked in Landlord - Tenant for California

Q: I never signed a lease and i haven't been here for a month. I'm moving out due to the landlord lying to me.

can I get my full deposit back? he lied to me about the restroom situation. I only gave him 11-day notice that I was moving out. what can I do?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: To address this situation, let's break it down into key points:

1. No signed lease: This is important, as it means you're likely considered a month-to-month tenant under California law.

2. Length of stay: You mention you haven't been there for a month, which could affect your rights and obligations.

3. Deposit refund: In California, landlords generally have 21 days after a tenant moves out to return the security deposit, less any deductions for damages beyond normal wear and tear.

4. Notice period: Typically, month-to-month tenants in California are required to give 30 days' notice before moving out.

5. Landlord's misrepresentation: You mention the landlord lied about the restroom situation, which could be considered a breach of the implied warranty of habitability.

Given these factors, here's some advice:

1. Document everything: Write down all issues with the property, especially the misrepresented restroom situation. Take photos if possible.

2. Communicate in writing: Send a written notice to your landlord explaining why you're moving out early, citing the misrepresentation.

3. Request your deposit: Formally request the return of your full security deposit in writing.

4. Be prepared for potential pushback: The landlord might try to keep some of the deposit for the short notice or claim damages.

5. Know your rights: In California, if a landlord doesn't return the deposit within 21 days or makes improper deductions, you may be entitled to the full deposit plus penalties.

6. Consider legal advice: If the landlord refuses to return your deposit, you might want to consult with a tenant rights organization or a lawyer specializing in landlord-tenant law.

Remember, while the landlord's misrepresentation might justify your early departure, the short notice could still be an issue. Your best approach is to communicate clearly, document everything, and be prepared to negotiate or potentially seek legal recourse if necessary.

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